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(영문) 서울고등법원 2016.02.18 2014나2026796

토지인도등

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1.The judgment of the first instance shall be modified as follows:

Defendant Seoul Special Metropolitan City shall remove attached Form 1 to the Plaintiff.

Reasons

1. Basic facts

A. The present status of the instant land 1) The shape of the instant land is as shown in the annexed drawing Nos. 2. 2) The instant land is narrow and narrow and has a long length, and the instant land is a complete slope with its length. The land is divided from May 2, 2002 to 105 square meters on May 2, 2002, 138 square meters in a division of 138 square meters in a 1093 square meters, and is transferred again to 117 square meters in a division of May 9, 2007, to 98 square meters in a 1093 square meters in a size of 960.5 square meters in a current area. The instant land was divided into the area of the instant land and the instant road.

The part of the road of this case is installed on the ground as shown in the annexed sheet 1, such as bank block and concrete drainage conduits, distribution and alteration (hereinafter “facilities of this case”). The part of the road of this case is installed with structures and retaining walls such as those stated in paragraph (c) of this case (hereinafter “the retaining wall, etc. of this case”). The part of the road of this case is being used as a road.

3) The forest land of this case is used as a sloping slope in the rectangular-type shape, and as a site for the Dosan Green Park. B. The Plaintiff acquired the ownership of the land of this case on July 22, 1981, and on December 31, 1981, the Plaintiff completed the registration of ownership transfer on the land of this case 1093-68 site before the partition of the land of this case. Meanwhile, on June 11, 1981, the Plaintiff purchased the land of this case, 1093-66, 168.9m2, which is adjoining land of 1093-68m2, and completed the registration of ownership transfer on June 11, 198.

The defendant Seoul Metropolitan Government delegated the above road management affairs to the head of Gangseo-gu, and the defendant Gangseo-gu is the sloped side of the house stone axis, fence, fence, flower, and mountain.